Delhi

East Delhi

CC/4/2016

RAJESH YADAV - Complainant(s)

Versus

SPICE MOBILITY - Opp.Party(s)

16 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 04/16

 

Shri Rajesh yadav

R/o House No. 589/7

Gali No.7, Bhim Nagar

Near N.H. 24, Ghaziabad                                   ….Complainant

 

Vs.    

 

1. Optimum Teleservices Pvt. Ltd.

Mobile Phone Repair Shop

A-160, 2^nd Floor, Krishna Bhawan

Vikas Marg, Block-G, Shakarpur

Delhi – 110 092         

 

2. Spice Mobility

Head Off: S Global Knowledge Park

19A & 19B, Noida Sector – 125

Noida – 201 303

Through its AR/Manager                                                 …Opponents

 

Date of Institution: 06.01.2016

Judgement Reserved on: 16.08.2018

Judgement Passed on: 30.08.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

JUDGEMENT

            This complaint has been filed by Shri Rajesh Yadav against Optimum Teleservices Pvt. Ltd. (OP-1) and Spice Mobility (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of deficiency in service and negligence. 

2.         The facts in brief are that on 23.01.2015, the complainant purchased one mobile phone model Spice Full Touch Dual Sim MG-112 from Tarash Overseas Pvt., Ltd. for Rs. 1,999/- vide invoice bearing no. TARA/14-15/6688. 

            It has been stated that within few months of purchase, the said handset stopped working as there was problem due to non working of Blue tooth printing, hardware and MMC card as well as poor battery backup.  The complainant got the same repaired from OP-1, but the problems mentioned above continued to persist.  Ultimately, OPs refused to repair/rectify the same despite the handset being under warranty.  Hence, the present complaint seeking directions to OP to refund the cost of handset i.e. Rs. 1,999/- alongwith 18% interest from 22.01.2015;             Rs. 15,000/- each towards compensation for mental pain and agony and legal expenses. 

            Retail invoice dated 23.01.2015, job sheet no. 2306 issued by OP-1, service request issued by OP-1 dated 15.05.2015 and 26.02.2015 have been annexed with the complaint. 

 3.        WS was filed on behalf of OP-2, where they have taken the plea that the said handset was out of warranty as the complainant had purchased the handset on 23.01.2015 and warranty was for a period of one year on handset and 6 months on accessories.  It was further submitted that the handset of the complainant was duly repaired, every time he had approached the OPs.  Rest of the contents of the complaint have been denied. 

4.         Rejoinder to WS of OP-2 was filed on behalf of complainant where the contents of the WS were denied and those of the complaint have been reiterated.

5.       The complainant has filed evidence by way of affidavit where he has got himself examined.  He has narrated the facts which have been stated in the complaint.  He has got exhibited documents such as copy of invoice dated 23.01.2015 (Ex.CW-1/1) and copy of job sheets (Ex. CW-1/2 colly).

6.         We have perused the material placed on record and have heard the submission on behalf of the Ld. Counsel for the complainant.  As OP-1 did not put the appearance and OP-2 also stopped appearing, they are proceeded ex-parte. 

            The complainant has stated that the handset manufactured by OP-2 had problem within few days of purchase.  If a look is made to Ex.CW1/2 (colly.); the Job sheet of dated 26.02.2015 issued by OP-1, authorized service centre of OP-2 and job sheet dated 15.05.2015, it is clear that there was some manufacturing defect in the handset which could not be rectified despite repairs as both job sheets bear the same problem i.e. “Bluetooth pairing not working, MMC card not working”.  Hence, we allow the present complaint and direct OP-2 to refund the cost of the handset i.e. Rs. 1,999/- alongwith 9% interest from the date of filing of the complaint.   We further award compensation on account of mental agony and pain to the tune of Rs. 2,500/- as the handset had problem within a month of purchase.        Rs. 2,000/- are also awarded as litigation expenses. 

            This order be complied within a period of 30 days else compensation and litigation expenses of Rs. 4,500/- shall also carry 9% interest from the date of order till realization.

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

        President